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Women of the Legion – Unrecognised Members of the First Czechoslovak Army

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Women of the Legion – Unrecognised Members of the First Czechoslovak Army Women of the legion – unrecognised members of the first Czechoslovak army Jakub Novák Masaryk University, Faculty of law, Czech Republic 1 Introduction This paper aims to look into the legislation which determined the position of female members of the foreign branch of the First Czechoslovak resistance1 after their return home from the World War I and Russian Civil War. As it is necessary for understanding this issue to have some insight into the history of the resistance and particularly its eastern military branch, the Czechoslovak legion in Russia, the first chapters will provide brief exposition concerning these topics. Later chapters are going to be focused on the usual role of women in the Czechoslovak legion in Russia and legislation passed after the arrival of the legionaries home to Czechoslovakia in the 1919 and 1920, especially on the act no. 462/1919 Sb. and governmental regulation no. 151/1920 Sb., and resulting effect this had on the possibility of women being legally recognised as legionnaires. This will be done through examining those parts of these legal regulations, which are the most disputable from the examined point of view. In the end I will try to apply the results of previous chapters on specific usual and unusual cases to demonstrate the way status of legionnaire in the end was or was not awarded and the reasons of this. 2 Road to the Czechoslovak revolution 2.1 Czechs and Slovaks in the Austro-Hungarian Empire At the beginning of the 20th century, Bohemian crownlands were a part of Aus- trian half of the Austro-Hungarian Empire (Cisleithania), while Slovakia was under the Hungarian half (Transleithania). For nations in Cisleithania it was possible to develop their own culture, language and even a limited autonomy was guaranteed. For Czechs, this was a result of so-called national revival in the 19th century, which led to a rise of the Czech language, establish- ing of Czech political parties and associations (most importantly Sokol, an association aimed on development of physical education in combination with national self- 1 It is common to refer to Czech and Slovak resistance against Austro-Hungarian rule as “the First re- sistance”. “The Second resistance” refers to anti-German resistance during World War II and “the Third resistance” to the anti-communist one. All of them are further divided to domestic and foreign and military and political. 1 awareness), and generally to renewal of national consciousness. A logical consequence to this was an effort to gain autonomy for the lands of the former Czech kingdom, which was historically amongst the main constituents of the Empire and in the second half of the 19th century it became the most industrialised part of the whole monarchy. This call for autonomy was even amplified by the change from centralised Austrian empire to dualised Austro-Hungarian empire.2 Despite of what came after, at this time the Czech fight was purely political, and the nation was considered loyal. The central government tried to make concessions several times, but these efforts were regularly blocked by considerable German minority living in the territory of the Czech crownlands, who feared this would lead to them los- ing their privileges.3 This led to a growth of already tense relationship between Czechs and Germans, which culminated later in the late 1930s4 and after the World War II. Until the beginning of the First World War, The Great War, as it used to be called at the time, there was no considerable movement proclaiming an idea of independent Czech (let alone Czechoslovak) state. The outbreak of war was generally accepted amongst the population, even though with lack of enthusiasm springing from the sym- pathies felt to Serbia and Russia, fellow Slavic nations that were suddenly deemed ene- mies.5 It was not until the suspension of democratic institutions and national rights in the Empire in the month following the declaration of war, that the discontent started to grow amongst the population.6 For Slovaks, the time was much different. While Transleithania was democratic, same as Cisleithania, the national policies were much tougher since hegemony of Hun- garians was considered the official policy.7 For this reason, Slovak national consciousness was systematically reduced8 and even Slovak national revival, similar to the one experienced by Czechs, could not stop 2 MOJŽÍŠ, Milan a kol. Československé legie 1914-1920 [Czechoslovak legions 1914-1920]. 1. vyd. Praha: Nakladatelství Epocha, 2017. s. 6-7. 3 McNAMARA, Kevin J. Dreams of a great small nation: The Mutinuous Army that Threatened a Revolution, Destroyed an Empire, Founded a Republic, and Remade the Map of Europe. 1st edition. New York: PublicAf- fairs, 2016. p. 33 and 38-39. 4 BOUVERIE, Tim. Appeasing Hitler: Chamberlain, Churchill and the Road to War. 2nd edition. London: Vin- tage, 2020. p. 231-257. 5 RAK, Michal (ed.). Boj s rakouskou hydrou: Deník legionáře Čeňka Klose [The struggle with Austrian hydra: Diary of a legionnaire Čeněk Klos]. 1. vyd. Praha: Československá obec legionářská, 2016. s. 13. 6 McNAMARA, Kevin J. Dreams of a great small nation: The Mutinuous Army that Threatened a Revolution, Destroyed an Empire, Founded a Republic, and Remade the Map of Europe. 1st edition. New York: PublicAf- fairs, 2016. p. 15-16. 7 Ibid. p. 37. 8 MOJŽÍŠ, Milan a kol. Československé legie 1914-1920 [Czechoslovak legions 1914-1920]. 1. vyd. Praha: Nakladatelství Epocha, 2017. s. 6. 2 this decline. Thus, when the war came, a great part of inhabitants of nowadays Slovakia identified themselves as Hungarians. This led to the fact that the major part Slovak resentment to the Habsburg rule did not come from the domestic population, but from the national diaspora in the USA.9 2.2 Declaring fight for independence Despite of the aforementioned silent acceptance of the war amongst the Czechs and Slovaks, a small group of politically active figures almost immediately started to prepare a fight for independence. This group was centred around Czech philosopher, politician and university professor Tomáš Garrigue Masaryk,10 who left abroad to gain international support for the idea. In 1915, he was joined by his former student Edvard Beneš and a Slovak scientist, at the time serving in the French air force, Milan Rastislav Štefánik.11 Masaryk, known in the academic circles abroad and speaking several languages, was in a good position to create an independence movement immediately, however it was not until arrest warrant was issued against him by the Austro-Hungarian officials for his pro-entente and anti-Austrian behaviour, when he officially declared the will of Czech nation to fight against the Habsburg rule during his speech in Geneva on the 6th July 1915 (on the occasion of 500th anniversary of the execution of Czech reformer priest Jan Hus).12 On the home front, the resistance found an illegal organisation called Maffie. Its main aim was to provide information for Masaryk and his movement abroad and to pre- pare coup d’etat in case of Entente armies entering Bohemian lands. This organisation was led by important Czech figures of the time, namely politicians Edvard Beneš (head of the organisation until his emigration), Přemysl Šámal (2nd head of the organisation), Ka- rel Kramář and Alois Rašín, as well as the president of Sokol, Josef Scheiner.13 As for Masaryk, he began rallying anti-Austrian forces all across the world – es- pecially Czech and Slovak communities in the USA, France and Russia – while also visiting important politicians of the time to convince them that his idea of dividing the Habsburg Empire into smaller national states would bring stability into Central Europe and the Balkans. Among these politicians were members of French and Russian governments 9 Ibid. s. 328. 10 McNAMARA, Kevin J. Dreams of a great small nation: The Mutinuous Army that Threatened a Revolution, Destroyed an Empire, Founded a Republic, and Remade the Map of Europe. 1st edition. New York: PublicAf- fairs, 2016. p. 18-23. 11 MOJŽÍŠ, Milan a kol. Československé legie 1914-1920 [Czechoslovak legions 1914-1920]. 1. vyd. Praha: Nakladatelství Epocha, 2017. s. 370. 12 Ibid. s. 28. 13 Ibid. s. 380. 3 and even American president Woodrow Wilson, all of whom he eventually persuaded. By the end of the war, Štefánik was able to gain support of Italy as well.14 On the other hand, the British have never shown much interest in this dissolu- tion.15 Their voice was however left unheard, as other branch of the Czech and Slovak resistance gained international prestige and thus wide support of the public across the Entente powers – the Czechoslovak legions. 3 Czechoslovak legions Before the resistance established Maffie, even before Masaryk left his homeland to start his mission, there were groups of Czech and Slovak exiles who saw the war as an opportunity to gain wider autonomy or hopefully even independence for their respec- tive homes (Lands of the Bohemian Crown and Slovakia). They began rallying in the En- tente countries and demanded the right to fight against the central powers.16 From these efforts rose first units of (at the time mostly Czech) volunteers in France (Rota Nazdar – 341 Czechs, 2 Slovaks),17 Russia (Česká družina – 744 Czechs, 266 Russians)18 and Serbia (several smaller units).19 Except for the Serbian unit, these grew in numbers and in 1917, after seeing their successes (especially on the eastern front), even the Italian government backed and allowed Czechoslovaks to create volunteer units in their army, the numbers of Czechoslovak army reached almost one hundred thousand men.20 Another thirty thousand Czechs and Slovaks joined the American army and one thousand British and Canadian army, but as these were not separate Czechoslovak units, 14 Úmluva mezi italskou vládou a Československou národní radou o uznání samostatné čs.
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